What is considered an assault and what are the consequences?

When looking at a criminal record, we often find information regarding assault convictions. It is not surprising because it is the most common offence in Canada. Is there an explanation for that? To understand, we must try to explain what these crimes are and what are their consequences.

What is an assault?

An assault is considered a crime, we can then look at the sections 265 to 270 of the Criminal Code to find its definition. More explicitly, this type of offence is an aggression against a person who has not given his consent in the first place.

Of course, an armed assault fits this definition, however, it goes deeper than that because an ill-intentioned action or gesture also represents a crime. Know that the severity of the act is all the more so important if the person has important bodily injuries or if his life is threatened. To be more explicit, know that several offences can be considered as an assault.

In other words, sexual aggression, physical violence, conjugal violence, harassment, disobedience or resistance to a peace officer will be regarded as a crime.

The consequences of a criminal offence

Although criminal offences are serious and intolerable acts, these crimes are classified by degree of severity. Moreover, before determining a sanction, several parameters are considered such as criminal past of the attacker or the context in which the crime was committed.

Considering those facts, it is strongly advised to ensure your defense with the services of a criminal lawyer like Mrs. Martine Thibodeau. With her 25 years of experience, she will advise and help you with the legal procedures from the appearance to the trial. She will make the most of her expertise to ensure your interests. It is crucial because the sanctions for criminal offences are proportional to their objective severity.

When for a minor accusation, the defendant may only be charged for a punishable offence on summary conviction and is liable to a fine of not more than $5000, the consequences for an infraction caught by criminal acts are more severe and the defendant risks immediate imprisonment.

Sentences and Consequences

Know that for an aggression committed at gun-point, and even if the said weapon is fake, the attacker is liable to an imprisonment sentence for which the maximum time varies from 5 to 10 years. Even worse, if the defendant hurts, mutilates or threatens the life of the victim, he could be imprisoned for 14 years. Is it necessary to add that if the victim succumbs to his injuries, the consequence is a life sentence.

Apart from the fines or imprisonment sentences, know that criminal offences will be added to your criminal record which could have repercussions on your personal life as well as your social life.

As a matter of fact, it is not easy to find a job or even travel abroad when such a crime is engraved in your criminal record. Moreover, dependent on the crime committed, pardon applications are not necessarily conceivable. To sum it up, a criminal offence can cause physical are psychological harm for the victim and ruin the life of the defendant and his family.

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